Cambodia to assess new penalty for late patent annuity payments

08 October 2024

The Department of Industrial Property, which is part of the Ministry of Industry, Science, Technology, and Innovation, informally announced that a new penalty for late patent annuity payments and restorations will take effect in Cambodia on October 15, 2024. Plant variety protection registrations, utility model certifications and patents will all be subject to this new fine.

To avert further fees and stop any outstanding applications from being abandoned or registrations from expiring, applicants and registration owners are required to pay each annuity by the deadline, which is six months prior to the commencement of the annuity term.

A six-month grace period is granted for late payments of the annuity, after which there will be a daily fee of CR500 ($US0.12) if the annuity is not paid by the due date. The patent will be considered withdrawn or will expire if payment is not received during this grace period.

However, during the final six months of the annuity term, the patent office can begin the restoration procedure. The restoration fee is US$25 in addition to the daily fee of US$0.12 from the beginning of the grace period and until payment is completed.

Companies and their appointees must keep track of all annuity due dates for patents, utility model certificates and plant variety protection registrations, and pay all annuities well in advance of the due date to avoid additional charges and avoid the potential abandonment of applications or registrations.

- Excel V. Dyquiangco

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